Summary
The Oklahoma Supreme Court reviewed the legal sufficiency of the gist of Initiative Petition No. 425, State Question No. 809, which sought to repeal permitless-carry provisions and restore handgun permitting requirements. The Court held that the gist was misleading because it inaccurately described existing campus firearm prohibitions and firearm-confiscation rules, and it declared the initiative invalid and ordered it stricken from the ballot.
Topics
Practice areas
Questions Presented
- Whether Initiative Petition No. 425 was an untimely repeal referendum petition rather than an initiative petition.
- Whether the gist statement accurately explained the initiative's effect on existing law and was legally sufficient under Oklahoma law.
- Whether the gist's descriptions of campus firearm restrictions and firearm confiscation during traffic stops were misleading.
Holdings
- Initiative Petition No. 425 was an initiative petition, not a referendum petition, because it proposed a law that would amend existing law; therefore, the constitutional ninety-day referendum deadline did not apply.
- The gist was legally insufficient because it suggested changes to existing law that the initiative did not actually make and failed to accurately explain the proposal's practical effect, thereby misleading potential signatories.
- The gist was misleading because it stated that the measure would prohibit handguns and certain weapons on college, university, and technology-center property even though that prohibition already existed and would continue regardless of whether the initiative passed.
- The gist was misleading because it described the initiative as generally prohibiting confiscation when someone in the vehicle held a valid handgun license, although the current law generally prohibited confiscation of lawfully carried or transported firearms without regard to whether anyone held a handgun license.
Key quotations
“We hold the gist does not accurately explain the proposal's effect on existing law and is misleading.” (¶ 0)
“The gist suggests a change to the law that is not being proposed, does not accurately explain the proposal's effect on existing law, and is misleading.” (¶ 28)
“Today, handgun licensees are prohibited from carrying on campus. If SQ 809 is approved, handgun licensees will be prohibited from carrying on campus.” (¶ 23)
Factual background
Oklahoma's 2019 HB 2597 enacted permitless carry, creating an exception generally allowing qualified persons to carry firearms without a license. Initiative Petition No. 425 sought to repeal permitless carry and restore or revise various firearms-related provisions, including provisions concerning campus possession and firearm confiscation during traffic stops. The petition's gist described the measure as generally restoring prior law, but the Court found that some described changes either already existed under current law or would operate differently than the gist suggested.
Procedural history
The proponents filed the initiative petition seeking to repeal Oklahoma's permitless-carry provisions and restore a licensed-carry system. The Oklahoma Second Amendment Association timely applied for the Supreme Court to assume original jurisdiction and challenged the petition's legal sufficiency, particularly its gist statement. After briefing and oral presentation before a referee, the Supreme Court held that the gist was misleading and ordered the initiative struck from the ballot.
Remand instructions
None. The Court declared Initiative Petition No. 425, State Question No. 809 invalid and ordered it stricken from the ballot.